Declaration of Trust in Relation to Land (Joint Tenants)

The situation may arise where a couple are cohabiting but it is not altogether feasible to change the ownership of the property so that it is held in joint names, but they still want to enjoy equal rights and ownership of the property.

This is a declaration of trust. It can be used by the owner of real property (land or buildings) to create a trust over that property in favour of himself and one or more other beneficiaries, where the beneficiaries will be ‘joint tenants’. This means that they will hold the beneficial interest in equal shares, and if one joint tenant dies, his interest will be divided amongst the remaining joint tenants.

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